Free food body of corporate influence

THE Supreme Court has directed the food regulatory body to reconstitute its scientific panels. The Food Safety and Standards Authority of India (FSSAI) had inducted members from the food industry, defeating its purpose of regulating that very industry.

The Authority has eight scientific panels, of which seven have 18 members who are employees of big food businesses (see ‘Corporate connections’). In February, the apex court reprimanded FSSAI for violating the Food Safety and Standards Act, 2006, that states the authority should create scientific panels with independent scientific experts.

It was hearing a writ petition filed by the Centre for Public Interest Litigation (CPIL) on the harmful effects of chemical additives in soft drinks and their full disclosure on the labels. The Authority told the court that it will reconstitute the panels within two weeks and submit its affidavit on the studies carried out on chemical content of soft drinks and their harmful effects.

“While the Authority reconstitutes the panels it is important that the new panels review the decisions taken in the past two years based on the recommendation of these scientific panels,” said Ashok Kanchan, advisor-technical, Consumer Voice in Delhi.

Minakshi Sarma Dabas, associate with the Corporate Law Group that follows the food sector, however, said since the rules for FSSAI are still being drafted the scientific panels have neither taken any decision nor considered an application. She explained that any new proposal will first be considered by the specific scientific panel and then by the scientific committee before the Authority takes a decision.

“Scientific panels are constituted to assist the Authority on scientific issues and do not independently take any decision.” FSSAI did not respond to queries till the date of publication.

Conflict of interest

The Authority was set up in 2006 after Delhi-based non-profit Centre for Science and Environment (CSE) found dangerous levels of pesticides in soft drinks. It raked up a debate on food sampling, analysis, food additives and processing. But when the scientific panel for sampling and analysis was constituted it had among its members G M Tewari, general manager for product development and regulatory affairs of Coca Cola India Pvt Ltd. He later retired from the company. The panel for food additives and flavouring has representation from both Coca-Cola India and Pepsico International.

Nestle and Hindustan Unilever, that were made to withdraw misleading television commercials last year, are on the scientific panel on labelling and claims/advertisements.